BRIGHT K. KORKORYIE & 1 ANOR. vs. THE ATTORNEY GENERAL & 12 ORS.

The plaintiffs commenced an action against the Attorney-General and several other defendants, including persons described as members of the governing board of Korle-Bu Teaching Hospital. The claims, as understood from the ruling, arose from acts and decisions connected with Korle-Bu Teaching Hospital. The defendants/applicants applied under Order 11 rule 18(1)(a) of the High Court (Civil Procedure) Rules, 2004 (C.I. 47) to strike out the claims on the basis that the writ and statement of claim disclosed no reasonable cause of action against them personally. The court found that the pleaded complaints related to acts done on behalf of Korle-Bu Teaching Hospital, a statutory corporate body capable of suing and being sued in its own name, and not to any personal acts of the board members. Portion of judgment: “all the averments in the Statement of Claim relate to KorleBu Teaching Hospital which is not a party to the substantive suit ...” and “KorleBu Teaching Hospital is a corporate body, the plaintiffs/respondents ought to have sued the said hospital instead of the defendants/applicants herein.”

Ruling It is provided by the High Court (Civil Procedure) Rules of 2004, C.I 47, precisely by order 11 rule 18 (1) (a) as follows:- “The Court may at any stage of the proceedings order any pleading or anything in any pleading to be struck out on the grounds that it discloses no reasonable cause of action or defence;… and may order the action to be stayed or dismissed or judgment to be entered accordingly”. Sub rule (2) also provides that no evidence whatsoever shall be admissible on an application under sub rule (1) (a). The present application is brought under sub rule (1) (a) and it is a request on the Court to strike out the claims endorsed on the plaintiff’s Writ of Summons and Statement of Claim in respect of the 2nd, 3rd, 4th, 5th, 7th, 8th, 9th, 10th and 11th defendants on the ground that they disclose no reasonable cause of action against the above-mentioned defendants and it is also a request on the Court to dismiss the present suit in its entirety against the defe...